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When an Indictment is Required. The Fifth Amendment to the United States Constitution provides that prosecutions for a capital, or otherwise infamous crime must be instituted by a presentment or indictment of a Grand Jury.. See Ex Parte Wilson, 114 U.S. 417, 427 (1885); United States v. Wellington, 754 F.2d 1457, 1462 (9th Cir.), cert.
In a typical state grand jury proceeding, the prosecutor calls only one or two witnesses, usually the reporting officer and the victim (if there is one), and the prosecutor tries to limit testimony as much as possible in order to avoid creating impeachment evidence for cross-examination by defense counsel.